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A History of Matrimonial Institutions, Vol. 2 of 3

Note 93 — Chapter XI · HISTORY OF SEPARATION AND DIVORCE UNDER ENGLISH AND ECCLESIASTICAL LAW

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C. 6 of the laws of the Longobard Grimoald appended to the Edictus Rothari in 668, after acceptance of orthodox Catholicism, permits the wife not guilty of a culpa legitima to leave the husband who keeps permanently in the house a concubine whom he prefers to the wife. It may be noted that occasional fornication is not mentioned; and that c. 8 of the law assumes as a rule that there will be a reconciliation: Geffcken, op. cit., 41, 42. Cf. Freisen, op. cit., 780, who holds that, according to c. 8 of the Lex Grimoald., bigamy does not allow the wife a divorce.

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